Article language: English.
Abstract
This article discusses the expanding interface between human rights and international climate change law. It underlines the urgent need for a human rights-based approach for the protection of the rights of vulnerable communities residing in disaster-prone areas, and reinstatement of environmental justice. It covers the chronological line of development from an initial lack of human rights inclusion within climate agreements which did not contain any provisions of the named approach. Then, the article discusses two recent historical resolutions of the UN Human Rights Council and the UN General Assembly that recognized the right to a safe, clean, healthy, and sustainable environment as a basic human right. Focusing on the forthcoming COP29 in Baku, the article discusses the need for immediate action related to anthropogenic interference in view of landmine contamination following the Second Karabakh War. It argues that the inclusion of human rights into climate policies is going to be key factor in both mitigating environmental degradation and offering just solutions. Secondly, the article evaluates the developing landscape of human rights based climate change litigations by citing landmark cases such as Verein KlimaSeniorinnen Schweiz and Others v. Switzerland. It also predicts the probable effect of the upcoming Advisory Opinion of the International Court of Justice with respect to state responsibility for climate change, emphasizing the need to focus on vulnerable communities, including those affected by war. In conclusion, the article advocates for a holistic approach that integrates human rights, climate justice, and post-conflict reconstruction efforts. It underscores the significance of COP29 as a platform to address these interconnected challenges and calls for robust legal frameworks to protect both human rights and the environment in the face of climate change.
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